The pistol used appears to have been inoperable.
That makes no difference if the charge is brandishing to intimidate. In this case, however, after the mob had broken through the iron gate into private property, self-defense and fear of imminent bodily harm will overrule any brandishing charge.
Not if the prosecutor is a George Soros pick... the new 'law' is based on "if you're friends of the thugs in charge".
In short, criminals are being protected while threatened frightened citizens are being charged.
It's the commie way...
(soon to be 'the legal system' in every city if Biden's team can do enough fraud to get him 'elected'...